Negotiation

ICC Mediation Competition, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /Leave a comment

I was delighted to be approached to collaborate on this post by Dima Alexandrova, mediator and attorney-at-Law, founder of AdimaLaw practice in Sofia Bulgaria. She has experience in the ICC Paris and other competitions both as a participant, judge and coach. She has some interesting ideas to assist students in such competitions to make best…

Communication, Decision making, Dialogue, Dispute Resolution, Language, Negotiation, Skills

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

“Managing a Client’s expectations and advising them on a course of action turned out to be far more difficult than negotiating with the other Party.” So wrote newly-minted Indian lawyer Varsha Manoj about her experiences negotiating with her clients. Many lawyers in the US and other countries undoubtedly have similar experiences. Legal clients often experience…

Brexit, Causes of Conflict, Conflict, Europe, Negotiation, Tips, Uncategorized

(University of Strathclyde)/ /4 Comments

“I think the EU will need to move significantly on both those key points because they’re points of principle.” (Dominic Raab, UK Foreign Secretary, speaking on the BBC this morning) The Brexit negotiation, despite its dizzying stakes, has triggered a fair amount of wry humour. I’ve poked gentle fun at the protagonists myself: Brexit Irritators:…

Cognitive Bias, Communication, Dialogue, Experience, Mediation Skills, Negotiation, Skills

(FORARB/Charles University)/ /Leave a comment

In theory, we expect the parties’ opening statements to be swift, persuasive and forceful. At least, this is what I teach my students in ADR classes. In my mediation room, sadly, this occurs rather sporadically. The communication at the table is, unfortunately, not faultless. I guess every mediator has witnessed long, ambiguous monologue instead of…

Developing the Field, Dispute Resolution, Language, mediation traditions, Negotiation, Reform, Research

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

In 2015, I retired as an American law professor. For most of my career, I used some of the basic concepts of our field such as negotiation, BATNA, positional vs. interest-based negotiation, and facilitative vs. evaluative mediation. I wasn’t always comfortable with these terms, but I used them because I couldn’t imagine shifting to alternatives….

Causes of Conflict, Communication, Cooperation, COVID-19, General, Negotiation, Social intelligence

(NZ Centre for ICT Law & School of Law, Auckland University)/ /4 Comments

“All of humanity’s problems stem from [one’s] inability to sit quietly in a room alone.” – Blaise Pascal, Pensées We have done a lot of walking in recent weeks. As we approach the end of the extended “Level 4” of the Covid-19 lockdown in New Zealand, we look forward to only slightly lifted restrictions on…

Developing the Field, Economics, Efficiency, Environmental Mediation, Future of mediation, Leadership, Mediation and Society, Mediation Practice, mediation process, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Promoting Mediation, Scotland, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /10 Comments

“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find that the topic of climate change and its effects arises,…

Dialogue, Leadership, Negotiation, Policy, Scotland, Skills

(Core Solutions Group)/ /2 Comments

Recently, I had the privilege of facilitating a session at Scotland’s Citizens Assembly at which politicians from four political parties took the opportunity to discuss with the Assembly members (over 100 people randomly recruited from across Scotland) their vision for the future of the country. At the outset, I framed it as a departure from…

ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Global Pound Conference Series 2016-17, Interests, Lawyers, Leadership, Mediation Institutions and Rules, Negotiation, Promoting Mediation, Skills, Training, user perspectives

(Strategic Resolution)/ /2 Comments

At a lunch at Globe House, Temple Place in London in early 2006 on a balcony overlooking the Thames, the host, Michael Leathes, then an in-house corporate counsel with some years of user experience in mediation and the arb-med hybrid, asked me and the others present – Jeremy Lack, Tina Monberg, Miryana Nešić and Irena…

Dispute Resolution, Japan, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Reflective Practice, Scotland, Stories, The role of the mediator, Time Pressure, Uncategorized

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“You’ve done what?” It took just a moment. The red mist descended. The words were out before I could haul them back in. “You’ve just gone behind my back and undermined what I set out, and we had agreed, we would do….you might at least have had the courtesy…..” The lawyer had just told me…